Powell v. Burrus
Mississippi Supreme Court
Appeal from the Court of Probates of Yazoo county. Hon. Robert B. Mayes, judge. At the September term, A.D. 1857, the appellee, who was the widow of Philip J. Burrus, deceased, applied for and obtained letters of administration on his estate, executing a bond, with good sureties, in the penalty of $130,000. In October afterwards, she returned an appraisement of the personal property, which amounted to $64,856. At the time of her appointment, she obtained an order to sell, or…
Read the full summary
Appeal from the Court of Probates of Yazoo county. Hon. Robert B. Mayes, judge. At the September term, A.D. 1857, the appellee, who was the widow of Philip J. Burrus, deceased, applied for and obtained letters of administration on his estate, executing a bond, with good sureties, in the penalty of $130,000. In October afterwards, she returned an appraisement of the personal property, which amounted to $64,856. At the time of her appointment, she obtained an order to sell, or consign, the crop then growing. In pursuance thereof, the cotton, amounting to 181 bales, was sold for over $8000,…
1Opinion of the CourtHarris, J.
In this case, four grounds of error are relied on by counsel for the appellants.
1st. An abuse of its discretion by the Probate Court, in allowing four per cent, commissions to the administratrix.
2d and 3d. The want of jurisdiction in the Probate Court, to render judgment and award execution against the distributees, for an- amount found to be due her from them, in the course of administration.
4th. The allowance of commissions, before final settlement.
The first ground assumed, both upon an examination of the cases .adjudicated .in this court, and upon -principle,-we think, is wholly untenable,…
2Cases cited2 opinions
- Cherry v. JarrattMississippi Supreme Court · 1852
- Lowry v. M'DonaldMississippi Chancery Courts · 1840
3Cited by3 opinions
- Cabin Valley Mining Co. v. HallSupreme Court of Oklahoma · 1916
- King v. WadeMississippi Supreme Court · 1936
- Owen v. StonerMississippi Supreme Court · 1927